I was involved in an auto accident while travelling through Indiana. Although there had been a major snowstorm a few days before that left several feet of snow in the median, the roads were completely clear. After going beneath an underpass, I hit a patch of snow that had been pushed into the road by a tow truck that was trying to cross the median to help a car that had wrecked going the other direction. I was unable to see the snow until I was right upon it...my car skidded and flipped (totalling my car.) Luckily, neither me nor my passengers were seriously hurt. A state trooper was present because of the other accident and knew that the tow truck was stuck...pushing snow from the median into the passing lane. My question is - did the state trooper, or tow truck driver, have a duty or responsibility to put out flares or pylons to warn drivers of the hazard? Is it possible to get compensation from them? Although noone was seriously hurt, we do have medical bills that the insurance is not covering because there was no other vehicle involved.
1 Answer from Attorneys
Re: Auto Accident
The facts you describe indicates that both could be liable to you for damages. The law of the location of the accident controls. You should re-post this message for an Indiana lawyer or contact a lawyer in Indiana who concentrates in personal injury law. Check you own automobile policy for Medical Payments Coverage which applies even if there is no third party responsibility.